APPLICATION U/S 528 BNSS No. 15066 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 15066 of 2026 Ram Gopal Raina .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Manish Kumar Pandey, Mukesh Dhar Dwivedi Counsel for Opposite Party(s) : G.A. Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the chargesheet dated 13.01.2023 and cognizance/summoning order dated 21.10.2023 as well as entire proceedings of Case No.51764 of 2023 (State Vs. Narayan Singh Gautam and others), arising out of Case Crime no. 0494 of 2022, under Sections 420, 406 ,323, 504 IPC, P.S.- Civil Lines, District Aligarh, pending in the court of learned Additional Chief Judicial Magistrate, Aligarh. 3. Learned counsel appearing on behalf of applicant has challenged the impugned chargesheet along with cognizance/summoning order and entire proceedings of the present case precisely on the ground that Sections 420 and 406 IPC cannot go together in the same breath as per the proposition of law settled by Hon'ble Supreme Court in the case of Delhi Race Club